David Fischer’s Testimony at Hearing Before Senate EPW Subcommittee

Keller and Heckman Counsel David Fischer testified before the Senate Committee on Environment and Public Works, Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight at a hearing on July 31, 2024, in Washington, DC. The purpose of the hearing, “Understanding the Potential Environmental Impacts of the Chemical 6PPD,” was to allow committee members to consider stakeholder testimony on the potential environmental impacts of 6PPD, a chemical compound commonly used in automobile tires to prevent degradation.

David began his testimony by discussing the need to amend the U.S. Environmental Protection Agency’s (EPA) new chemicals program and section 5 of the Toxic Substances Control Act (TSCA). “Today’s hearing on 6PPD, its environmental impacts, and ongoing research into potential alternatives,” David said, “prompts a discussion of EPA’s new chemicals program and section 5 of TSCA, which governs the review of new chemicals and new chemical uses. Afterall, a 6PPD alternative will need to undergo substantive review by EPA’s New Chemicals Division before it can be used in tires or other applications.”

David mentioned that the hearing “also prompts comments on the TSCA section 21 petition process, which Earthjustice relied on in seeking a TSCA section 6 rule to prohibit the use of 6PPD in tires.”

“My fear is that section 21 is fast becoming an end run around section 6, especially at a time when EPA’s refrain is a plea for more funds to implement sections 5 and 6,” David stated. “It may be that Congress will need to further amend TSCA to address this issue, and to provide greater flexibility to EPA within section 6 to more nimbly address concerns like those identified for 6PPD.”

“I believe other changes to TSCA will be needed as well, but that is a topic for future hearings of this subcommittee,” David concluded.

To read David’s full testimony, please click here.

David was asked to testify due to his extensive background in environmental, policy, and health and safety matter. Prior to joining Keller and Heckman, he served as the Deputy Assistant Administrator for the U.S. Environmental Protection Agency's (EPA) Office of Chemical Safety and Pollution Prevention and held senior-level positions at the American Chemistry Council (ACC).